Causing a Disturbance
If you engage in disorderly conduct such as fighting, screaming, insulting people or using obscene language, you could be charged with causing a disturbance
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Plain-Language Summary
Causing a Disturbance: If you are in a public place such as a shopping mall or nightclub and you engage in disorderly conduct such as fighting, screaming, insulting people or using obscene language, you could be charged with causing a disturbanceDisturbing others in or near a public place. under s.175 (1) of the Criminal CodeA federal act codifying most criminal offences in Canada. The Supreme Court has ruled your behaviour has to be more than annoying and it must have disrupted the peace enjoyed by others. Though this is a minor offenceA criminal activity, you could be fined up to $5,000 or jailed for two years less a day.
What is Causing a Disturbance?
People engaging in disorderly conduct in public could be charged under s.175 (1) of the Criminal Code with causing a disturbance. It is a lesser charge than mischief, although the police may lay both charges and allow the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. to decide which has the better chance of successful prosecution.
The Code states this charge can be laid if you were in a public place and were:
- fighting, screaming, shouting, swearing, singing or using insulting or obscene language
- drunk;
- impeding or molesting others;
- openly exposing yourself;
- loiteringLingering in a place without a clear purpose, sometimes in a way that obstructs others. in a public place and obstructing others there; or
- disturbing the peace by discharging firearms or through other disorderly conduct.
Treated as a Summary Conviction
This charge is always treated as a summary convictionUsed for lesser offences, which means the penalty will be less harsh than if it were prosecuted as an indictable offenceA more serious type of Canadian criminal offence.. According to s.787(1) of the Code, the maximum penalty for summary convictions is a fine of $5,000 or to a jail term of not more than two years less a day, or both. According to s.786 (2) of the Code, police have up to one year to lay a summary conviction offense against you. If it goes to one year and one day from the time the incident, the charge cannot be laid unless the defendant agrees.
What the Crown Must Prove
To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.
Section
Identity and date/place
The accused is the person who did the act, at the time and place alleged.
Not in a dwelling-house (paragraph (a) and (d) route)
For paragraph (a), the accused was not in a dwelling-house when the conduct occurred; for paragraph (d), the accused disturbed occupants of a dwelling-house from outside it (or, for the multi-unit variant, from a shared part of a building two or more dwelling-houses have access to).
One of the enumerated acts
The accused engaged in specific prohibited conduct: fighting, screaming, shouting, swearing, singing, or using insulting or obscene language, being drunk, or impeding/molesting other persons (para (a)); an indecent exhibition in a public place (para (b)); loitering and obstructing persons in a public place (para (c)); or discharging firearms or other disorderly conduct disturbing dwelling-house occupants (para (d)).
In or near a public place
The conduct (for paragraphs (a)-(c)) occurred in or near a place to which the public has access as of right or by invitation, express or implied.
An externally manifested disturbance (paragraph (a))
The disturbance must be more than internal or emotional upset to a listener — the Crown must prove an externally manifested disturbance of the public peace: an interference with the ordinary and customary use of the place by the public that was reasonably foreseeable in the circumstances.
Statutory evidentiary aid (s.175(2))
A summary conviction court may infer that a disturbance under para (a)/(d) or an obstruction under para (c) occurred from a peace officer's evidence about the conduct of a person or persons, even if unidentified - this eases the Crown's proof burden but does not replace the need to prove an actual disturbance/obstruction.
A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Causing a disturbance in or near a public place, indecent exhibition, loitering and obstructing, or disturbing occupants of a dwelling-house — s. 175(1)(a)–(d)
SummarySection 175 states no maximum of its own. On summary conviction, the general s. 787(1) default applies: a fine of up to $5,000, imprisonment for up to two years less a day, or both. No mandatory minimum applies.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Causing a Disturbance — s.175
Section 175 does not list a special defence in the Criminal Code. The Crown still has to prove the parts of the offence. Depending on the charge, this may mean proving that the accused caused a disturbance in or near a public place by fighting, screaming, shouting, swearing, singing, using insulting or obscene language, being drunk, or impeding or molesting other persons; that the accused openly exposed an indecent exhibition in a public place; that the accused loitered in a public place and obstructed other persons there; or that the accused disturbed the peace and quiet of the occupants of a dwelling-house by discharging firearms or other disorderly conduct, depending on which part of s. 175(1) is charged.
Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence. This is general legal information, not legal advice.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Crown prosecutor Glossary entry →
A Crown prosecutor is a lawyer who conducts a criminal prosecution on behalf of the public. The Crown’s role is to present the case fairly, exercise independent judgment, and act in the public interest. The Crown’s role is not simply to obtain a conviction.
- Indictable offence Glossary entry →
An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.
- Loitering Glossary entry →
- Loitering generally means staying or lingering in a place without a clear purpose. In criminal-law contexts, the issue is usually not merely standing somewhere, but whether the conduct falls within a specific offence, such as obstructing people in or near a public place.
- Summary conviction Glossary entry →
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code s. 175 Causing disturbance, indecent exhibition, loitering, etc.Source current to: 2026-05-26View official source ↗
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Criminal Code s. 787 General summary-conviction penalty (default for s. 175)Source current to: 2026-05-26View official source ↗
Government References
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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.